Christopher v. Derr

United States District Court for the District of Hawaii

Christopher v. Derr

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAI‘I PETER CHRISTOPHER, Case No. 21-cv-00177 DKW-KJM

Petitioner, ORDER DISMISSING PETITION vs. UNDER

28 U.S.C. § 2241

FOR WRIT OF HABEAS CORPUS ESTELLA DERR,

Respondent.

Peter Christopher petitions, pursuant to

28 U.S.C. Section 2241

, for a Writ of Habeas Corpus (Petition) that would direct the Federal Bureau of Prisons (BOP) to release him to “supervised release or home confinement immediately.” Dkt. No. 1. Petitioner, however, was released from the BOP’s custody on May 27, 2021. See https://www.bop.gov/inmateloc (last visited May 28, 2021). When a petitioner’s claimed injury cannot be redressed by a favorable decision of the court, a petition for habeas corpus is moot. Burnett v. Lampert,

432 F.3d 996, 1000-01

(9th Cir. 2005). Here, Petitioner’s claimed injury is that of not being released from confinement earlier. He has now, though, been released from confinement and begun his term of supervised release. Therefore, any relief the Court might fashion would be no more favorable that that which has already occurred.'! Therefore, the Court finds the Petition (Dkt. No. 1) to be MOOT and DISMISSES it as such. Cf Walker v. Sanders,

385 F. App’x 747

(9th Cir. July 1, 2010) (concluding that petition under Section 2241, seeking immediate transition to a residential reentry center (RRC), was moot where the record reflected that the petitioner was “currently placed” at an RRC).

The Clerk is instructed to CLOSE this case. IT IS SO ORDERED. Dated: May 28, 2021 at Honolulu, Hawai‘1.

pO aa TRY & 7 SS +8, 5 Sg a & /s/ Derrick K. Watson VP or Derrick K. Watson uy □□ United States District Judge vee Cer □□

‘Indeed, ordering Petitioner to home confinement would be /ess favorable than his present situation, given that he is currently home and not confined.

Reference

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